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Bombay High CourtCA/126/2015absolute

Nimit Associates Through Proprietor Mr. Shrish Jawaharlal Shah (Huf) v. Marvel Realtors And Developers Ltd. -U70102pn2006plc128506

2015-03-27Hon'Ble Shri Justice S.J. Kathawalla2 pages

Nitin 1 / 2 997-CA-126-2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO. 126 OF 2015 IN COMPANY PETITION (L) NO. 515 OF 2011 Nimit Associates ...

Applicant

IN THE MATTER BETWEEN :

Nimit Associates ...

Petitioner

Versus

Marvel Realtors and Developers Limited ...

Respondent Mr. N. Sakhare i/b. P.D. Paranjape for the Applicant / Petitioner. CORAM : S.J. KATHAWALLA, J.

DATED : 27 TH MARCH, 2015 P.C.

1.

Perused the application and the Affidavit in support thereto. For the reasons set out in the Affidavit in support of the Application, the Application is allowed in terms of prayer clauses (a), (b) and (c), which are reproduced hereunder :

"(a) That the delay of 988 days in filing the present Application be condoned ;

(b) That this Hon'ble Court be pleased to set aside the order of the Prothonotary and Senior Master dated 23rd January, 2012 and

Nitin 2 / 2 997-CA-126-2015 (c) That this Hon'ble Court be pleased to restore the Company Petition (L) No. 515 of 2011".

2.

Liberty is granted to the Advocate for the Petitioner to amend the Petition. Amendment to be carried out on or before 30th March, 2015. 3.

The Advocate for the Applicant / Petitioner shall remove the objections on or before 1st April, 2015.

4.

A copy of the Petition be served on the Respondent by hand delivery within a period of one week from today. 5.

Place the above Petition for acceptance on 6th April, 2015. 6.

The above Application is accordingly disposed of. (S.J. KATHAWALLA, J.)